Enforcing debtor to pay monthly

[WirelessBrain]

I provided some services to somebody a few years back for which he did not pay. I took him to court and got judgment against him.

 

He just stopped trading and went on benefits / job seekers allowance etc. I did not take any action and waited for him to start trade / work again.

 

A few months ago noticed that he is now a director of limited company. So I sent him letter demanding the money reminding him the judgement. He suddenly resigned from directorship and put his brother's name as director of the company.

 

Now I know he is working and earning good money. But it is difficult to prove because he is hiding everything (not keeping cash in bank account etc).

 

Is there anyway that I ask court to enforce him make some monthly payment? Debt is well over £6000 and I waited for good 2 years but that conman did not pay a single penny.

 

How can I ask judge to make an order for debtor to pay monthly?

[renegadeimp]

Get attachment of earnings, or if you know where he lives and if he has assets, you can instruct a HCEO to chase him.

[Andyorch]

Hi

 

A few years not being 6 otherwise you will have to go back to court to enforce the judgment.

 

If not then you can issue a N39 (Order to attend Court for Questioning)

 

http://www.moneyclaimsuk.co.uk/PDFForms/N39.pdf

 

Also have a read of CPR 71 PD71

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part71/pd_part71#IDAEPC2

 

Then you will soon be paid.

 

Regards

Andy

[Andyorch]

Thread moved to General Legal Issues.

[WirelessBrain]

Hi

 

A few years not being 6 otherwise you will have to go back to court to enforce the judgment.

 

If not then you can issue a N39 (Order to attend Court for Questioning)

 

http://www.moneyclaimsuk.co.uk/PDFForms/N39.pdf

 

Also have a read of CPR 71 PD71

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part71/pd_part71#IDAEPC2

 

Then you will soon be paid.

 

Regards

Andy

 

Yes, judgment is less than 6 years old.

 

I did use this "Order to attend Court for Questioning" previously but as I said he is clever and he does not reveal anything except bank loans and other debts.

[steampowered]

How do you know he is making good money? If he has personal assets presumably bailiffs could enforce

[ploddertom]

It will cost you £60 to transfer the debt to the High Court for enforcement.